Where to file
Filed with the probate court handling the estate, in person or through eFileTexas.gov.
Application to Determine Heirship
Legacywyse gives you everything a first-time executor needs: the recommended probate process for your situation, realistic costs and timelines, and pre-filled court documents — including the application to determine heirship.
Start the questionnaireDirect answer
Asks the judge to officially declare on the record who the legal heirs are when there's no will (or the will doesn't cover everything). Title companies often require this judgment before they'll insure a sale of land or a house out of the estate.
Signatures
Applicant signs.
Notarization
The person swearing to it signs before a notary. Legacywyse plans include virtual notary sessions for supported counties.
Which probate paths use it
This document belongs to 3 paths. The Legacywyse questionnaire sorts your estate facts first, then adds it to your packet when the path calls for it.
What's in the document
Legacywyse fills in from your answers
- Decedent
- Applicant
You complete
- Why a court judgment is needed
- Known heirs
- Property description
Case filing fees by county
These are the county fees to open the underlying probate case, from each county's published schedule. For the cost of filing this document into a case that is already open, check the clerk's fee schedule. Fees change, so re-verify before filing.
| County | Independent Admin | Dependent Admin | Heirship Affidavit | Court |
|---|---|---|---|---|
| Dallas County | $388 | $388 | $50 | Dallas County Probate Courts |
| Tarrant County | $380 | $380 | $26 | Tarrant County Probate Courts |
| Collin County | $385 | $385 | $26 | Collin County Probate Court |
| Denton County | $385 | $385 | $26 | Denton County Probate Court |
| Harris County | $432 | $432 | $26 | Harris County Probate Courts |
| Travis County | $378 | $378 | $26 | Travis County Probate Court |
| Bexar County | $391 | $391 | $26 | Bexar County Probate Courts |
Common questions
Where does the Application to Determine Heirship go?
Filed with the probate court handling the estate, in person or through eFileTexas.gov.
Who signs the Application to Determine Heirship?
Applicant signs. The person swearing to it signs before a notary.
Which Texas probate paths use this document?
It belongs to these paths: independent administration, dependent administration, affidavit of heirship.
Does Legacywyse prepare this document?
Yes. Legacywyse generates it from your questionnaire answers inside the private workspace, with the county details filled in. You review it, sign where required, and file it. Legacywyse is not a law firm, and this page is general information, not legal advice.
Review note
Updated July 7, 2026. Legacywyse links to Texas court, statute, tax, and county sources when a guide discusses filing, authority, taxes, or local probate process. The content is general information, not legal advice.
Keep reading
Independent administration in Texas: the statewide guideDependent administration in Texas: the statewide guideApplication for Independent Administration: what it isAffidavit of Heirship: what it isOath of Independent Executor: what it isProof of Death and Other Facts: what it is
Independent administration, county by county
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